Legal Transfer From Deceased Older Brother to Younger Brother?

[Gun]

Please don't encourage crimes.

The allowed transfers in PA, when both are residents that don't require an FFL are between:

Husband and wife
Parent and child
Grandparent and grandchild

Siblings aren't included.

It is not a crime to gift a firearm to another person, relative or not, as long as a proper transfer takes place.

Free stated nothing of one sibling just giving a handgun to another sibling.

Yes, you can "gift" anything to anybody as long as it is legal. If you want to buy the firearm and then give it as a gift, you and the recipient will have to go to the FFL to do the transfer, PICS, etc. That would be if it were a handgun. As PA does not require any paperwork for a long arm transfer, as long as you know the person receiving the long arm is allowed to possess it, you can buy it and give it to them. I myself would still get something in writing showing the transfer (the one here on the forum would work fine), just in case.

http://forum.pafoa.org/showthread.php?t=6547

[twency]

It is not a crime to gift a firearm to another person, relative or not, as long as a proper transfer takes place.

Free stated nothing of one sibling just giving a handgun to another sibling.

Since such a gift would have to go through an FFL (or sheriff) and didn't, there wouldn't even be plausible deniability about the "gift" having happened timely and legally.

[t1066]

It is not a crime to gift a firearm to another person, relative or not, as long as a proper transfer takes place.

Free stated nothing of one sibling just giving a handgun to another sibling.



http://forum.pafoa.org/showthread.php?t=6547

Since such a gift would have to go through an FFL (or sheriff) and didn't, there wouldn't even be plausible deniability about the "gift" having happened timely and legally.

Pretty much what Twency is saying here. The brother is dead. For the gifting to take place an FFL would have to have been involved. No brother = no way for him to go to an FFL and gift it to him. Without the FFL, the 'Hey he gifted it to me' claim is evidence of a crime.

With a deceased spouse, parent, grandparent, child, or grandchild, while it would be a lie and unethical, claiming that you had been gifted a pistol would not actually be evidence of an illegal transfer.

Also, with deceased family members, depending on wills and other means of inheriting it may be resolved without problems. Consult the proper legal professionals.

Speaking of which, here is the statute:

Title 18 § 6111. Sale or transfer of firearms
(c) Duty of other persons.--Any person who is not a licensed importer, manufacturer or dealer and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, dealer or county sheriff's office, the latter of whom shall follow the procedure set forth in this section as if he were the seller of the firearm. The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild.

[39flathead]

Was he incorrect ?

Who?
Free?
Yes, no matter how people want to spin it, his comment was meant to say that the pistol was given to the brother and his other reply where he says he didn't know a transfer is required reinforces it.

He was giving incorrect advice based on his lack of legal knowledge.

[t1066]

Who?
Free?
Yes, no matter how people want to spin it, his comment was meant to say that the pistol was given to the brother and his other reply where he says he didn't know a transfer is required reinforces it.

He was giving incorrect advice based on his lack of legal knowledge.

Ah, there was some confusion. You quoted me, so it looked like you might have been saying I was armchair lawyering. Thanks for clearing that up.

[Carson]

Who?
Free?
Yes, no matter how people want to spin it, his comment was meant to say that the pistol was given to the brother and his other reply where he says he didn't know a transfer is required reinforces it.

He was giving incorrect advice based on his lack of legal knowledge.

I was referring to t1066, not Free.

I really wouldn't take legal advice from Free (or for free either). You get what you pay for.

[39flathead]

Ah, there was some confusion. You quoted me, so it looked like you might have been saying I was armchair lawyering. Thanks for clearing that up.

Yeah, I was kinda agreeing with your assessment by pointing out the armchair lawyering that seems to have gotten a pass.

[Berncly]

Maybe it's the whisky, but I've lost track of who was referring who.
Good thread though.

[Gun]

My bad.

I missed free's second post, and he isn't even on my ignore list.

[sota]

Gee... in NJ the statute of limitations for prosecution of an illegal firearms transfer is 5 years. After that you can legally possess an illegally obtained firearm.

(Attended and will be attending seminars given by NJ's premiere firearms lawyer, the one and only Evan Nappen. They have been eye opening to say the least. Also, U.S. Law Shield.)